Month: May 2012

According to the USCIS, as of May 25, 2012, the agency has received 48,400 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 17,500 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

We predict that the quota will be exhausted within the next two weeks and possibly earlier.  Our firm has seen a spike in demand for H-1Bs this year and the number of filings indicates that this is a national trend.  Given that LCAs require a week to be certified, there is realistically about another week or so to start work on a cap-subject H-1B petition with a decent chance that it will be receipted by the USCIS.  Cases received by the Service Centers after the cap has been exhausted will be rejected and returned to the petitioner or attorney of record.

I will continue to update with the latest cap counts as they become available.

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According to a USCIS News Release:  ” U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.”

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According to USCIS News Release:  “Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa, must send their waiver applications.”

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According to the USCIS, as of May 18, 2012, the agency has received 42,000 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 16,000 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

On a related note, the USCIS has announced:  “Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS.  Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation.  However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.”

These factors suggest that the H-1B cap for FY-2013 will be exhausted in the next few weeks.

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According to a USCIS News Release:  “U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.”

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According to the USCIS, as of May 11, 2012, the agency has received 36.700 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 14.800 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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The Visa Bulletin for June 2012 is now available.

The EB-2 categories for India and China are unavailable until October 1, 2012, the start of the new fiscal year.

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According to the USCIS, as of May 4, 2012, the agency has received 32,500 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 13,700 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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According to a USCIS News Release:  “Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.”

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The USCIS has announced that is is now on Facebook.

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